CHAPTER 202
HB 436 – FINAL VERSION
23Jan2008… 2541h
21May2008… 1944eba
2008 SESSION
06/04
HOUSE BILL 436
AN ACT expanding employee freedom of expression to all public employees.
SPONSORS: Rep. Ulery, Hills 27; Rep. Holden, Hills 7; Rep. Wendelboe, Belk 1
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill expands employee freedom of expression to all public employees.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Jan2008… 2541h
21May2008… 1944eba
07-0325
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT expanding employee freedom of expression to all public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
202:1 Public Employee Freedom of Expression. Amend the chapter heading of RSA 98-E to read as follows:
[STATE] PUBLIC EMPLOYEE FREEDOM OF EXPRESSION
202:2 Freedom of Expression. Amend RSA 98-E:1 to read as follows:
98-E:1 Freedom of Expression. Notwithstanding any other rule or order to the contrary, a person employed [by the state] as a public employee in any capacity shall have a full right to publicly discuss and give opinions as an individual on all matters concerning [the state] any government entity and its policies. It is the intention of this chapter to balance the rights of expression of the employee with the need of [the state] the employer to protect legitimate confidential records, communications, and proceedings.
202:3 New Section; Definition. Amend RSA 98-E by inserting after section 1 the following new section:
98-E:1-a Definition. In this chapter, “public employee” includes any person employed by the state or any subdivision thereof, including, but not limited to counties, cities, towns, precincts, water districts, school districts, and school administrative units.
202:4 Interference Prohibited. Amend RSA 98-E:2 to read as follows:
98-E:2 Interference Prohibited. No person shall interfere in any way with the right of freedom of speech, full criticism, or disclosure by any [state] public employee.
202:5 Employees’ Remedies. RSA 98-E:4 is repealed and reenacted to read as follows:
98-E:4 Employees’ Remedies.
I. A public employee may seek injunctive relief or maintain a civil action, or both, to recover damages for violation of this chapter in any court of competent jurisdiction by bench or jury trial.
II. If the public employee prevails, in addition to damages the court may allow the costs of the action and such attorney’s fees as it finds to be reasonable to be paid by the defendant employer.
III. This chapter shall not alter or impair the rights of any person under a collective bargaining agreement or affect any other right or remedy provided in law.
202:6 Effective Date. This act shall take effect upon its passage.
Approved: June 16, 2008
Effective Date: June 16, 2008